This chapter shall be known as the "Housing
and Property Maintenance Code of the Township of Parsippany-Troy Hills"
and may be referred to in this chapter in the short form as the "Property
Maintenance Code" or "this code."

Where terms are not defined in this section and are
defined in the Uniform Construction Code, they shall have the meanings
ascribed to them as in the Uniform Construction Code, and where terms
are not defined under the provisions of this code or under the provisions
of the Uniform Construction Code they shall have ascribed to them
their ordinarily accepted meanings or such as the context herein may
imply.

A building which is customarily used as an incidental building
to a principal building and located on the same lot with such principal
building excluding, however, any structure which is attached to a
principal building.

The mechanical electrical and elevator equipment, including
piping, wiring, fixtures and other accessories, which provide sanitation,
lighting, heating, ventilation, fire fighting and transportation facilities,
essential for the habitable occupancy of the building or structure
for its designated use and occupancy.

All multifamily dwellings shall provide a heating system
in a fire-resistant enclosed space separate and apart from the area
to be heated, which system is permanently affixed on a fireproof base
and connected by breaching to a stack.

The condition of a structure or part thereof characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting or other
evidence of physical decay or neglect, lack of maintenance or excessive
use.

Any room or group of rooms or any part thereof located within
a building and forming a single habitable unit with facilities which
are used, or designed to be used, for living, sleeping, cooking or
eating.

Any person under the age of 18 who is gainfully employed
and self-supporting or who is married to a spouse who is gainfully
employed and who supports the minor or who is a student living away
from home and in regular attendance at an institution of higher learning.

The control and elimination of insects, rodents or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping or by any other approved pest elimination methods.

One or more persons customarily living together as a single
housekeeping unit, whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boardinghouse,
lodging house, hotel or motel.

Anything or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire.

Rooms used or designed for use by one or more persons for
living or sleeping or cooking and eating but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms
and utility rooms, porches and garages. Other rooms or spaces that
are not used frequently or for an extended period or that have less
than 70 square feet of floor area shall not be considered as habitable
rooms.

Any building kept, used, maintained, advertised as or held
out to be a place where sleeping accommodations are supplied for pay
to transient or permanent guests, in which rooms are rented furnished
or unfurnished, including any room found to be arranged for or used
for sleeping purposes with or without meals, for the accommodation
of such guests. Such use shall contain sleeping rooms, each having
its own bathroom, and may also contain meeting rooms, office and temporary
office space, restaurants and retail-commercial space.

Any motor vehicle which cannot be moved under its own power
from place to place by reason of mechanical defects or inadequate
equipment, including but not restricted to the lack of one or more
tires, and which shall remain in such condition for a period of 14
days or more.

An attractive nuisance which may prove detrimental
to the health and safety of persons whether in a building, on the
premises of a building or upon an unoccupied lot. This includes but
is not limited to abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound structures, lumber, trash, fences, debris or vegetation such
as poison ivy, oak or sumac which may prove a hazard for inquisitive
persons.

Any person who has charge, care or control of a structure,
whether with or without the knowledge and consent of the owner. Specifically
included within this definition is any person who has possession or
control of a structure or unit therein as a tenant pursuant to a commercial
lease.

The owner of the freehold of the premises or lesser estate
therein, a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee or other person in control of a building;
or their duly authorized agents.

All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines and water pipes and lines
utilized in conjunction with air-conditioning equipment.

That which is built or constructed or any piece of work artificially
built or composed of parts joined together in some definite manner,
the use of which requires more or less permanent location on or in
the ground. The word "structure" shall be construed as if followed
by the words "or part thereof," and shall be construed to include
a building or buildings.

The latest edition of the Building Code, BOCA, and all subcodes
or such other code as may be designated, or such other code as may
be officially designated by the legislative body of the Township for
the regulation of construction, alteration, addition, repair, removal,
demolition, use, location, occupancy and maintenance of buildings
and structures.

It is hereby found and declared that there exists
in the Township structures and vacant lots which are or may become
in the future, substandard with respect to structural integrity, equipment
or maintenance, or further that such conditions, including but not
limited to structural deterioration, lack of maintenance of exterior
premises and vacant lots, infestation, lack of essential heating,
plumbing, storage or refrigeration equipment, lack of maintenance
or upkeep of essential facilities and utilities, existence of fire
hazards, inadequate provisions for light and air, unsanitary conditions
and overcrowding, constitute a menace to the health, safety, welfare
and reasonable comfort of the citizens and inhabitants of the Township.
It is further found and declared that by reason of lack of maintenance
and ensuing progressive deterioration certain properties have the
further effect of creating blighting conditions and initiating slums
and that if the same are not curtailed and removed the aforesaid conditions
will grow and spread and will necessitate in time the expenditure
of large amounts of public funds to correct and eliminate the same,
and that by reason of timely regulations and restrictions as herein
contained the growth of slums and blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of dwellings and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.

The purpose of this code is to protect the public
health, safety and welfare by establishing minimum standards governing
the maintenance, appearance, condition and occupancy of residential
and nonresidential premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for human habitation,
occupancy and use; to fix certain responsibilities and duties upon
owners and operators and distinct and separate responsibilities and
duties upon occupants; to authorize and establish procedures for the
inspection of residential and nonresidential premises; to fix penalties
for the violations of this code; to provide for the right of access
across adjoining premises to permit repairs; and to provide for the
repair, demolition or vacation of premises unfit for human habitation,
occupancy or use. This code is hereby declared to be remedial and
essential for the public interest, and it is intended that this code
be liberally construed to effectuate the purposes as stated herein.

Every residential and nonresidential structure and the premises on which it is situated in the Township, used or intended to be used for dwelling, commercial, business or industrial occupancy shall comply with the provisions of this code whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such structures, and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, equipment or facilities contained therein, except as provided in § 213-6. Where there is mixed occupancy, residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this code.

In any case where the provisions of this code
impose a higher standard than set forth in any ordinance of the Township
or under the laws of the State of New Jersey, then the standards as
set forth herein shall prevail, but if the provisions of this code
impose a lower standard than any ordinance of the Township or under
the laws of the State of New Jersey, then the higher standard contained
in any such other ordinance or law shall prevail.

Nothing in this code shall be deemed to abolish
or impair existing remedies of the Township or its officers or agencies
relating to the removal or demolition of any structures which are
deemed to be dangerous, unsafe or unsanitary.

It shall be the duty and responsibility of the
Senior Housing Inspector of the Township to enforce the provisions
of this code as herein provided. Senior Housing Inspector throughout
this chapter shall also mean subordinates of the Senior Housing Inspector.

Housing Inspectors shall be provided with official
identification and shall exhibit such identification when entering
any structure or premises subject to this code. Inspectors shall explain
the purpose of their visit and conduct themselves so as to avoid intentional
embarrassment or inconvenience to the occupants.

Inspection of premises and the issuing of orders
in connection therewith under the provisions of this code shall be
the exclusive responsibility of the Division of Housing, Building
and Maintenance of the Township. Wherever in the opinion of the Senior
Housing Inspector it is necessary or desirable to have inspections
of any condition by any other department he shall arrange for this
to be done in such manner that the owners or occupants of buildings
shall not be subjected to visits by numerous inspectors nor the multiple
or conflicting orders. No order for correction of any violation under
this code shall be issued without the approval of the Senior Housing
Inspector, and it shall be the responsibility of the Senior Housing
Inspector before issuing any such order to determine that it has the
concurrence of any other department or official of the government
concerned with any matter involved on the case in question.

Except as may otherwise be provided by statute,
local law or ordinance, no officer, agent or employee of the Township
charged with the enforcement of this code shall render himself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this code. No person who institutes or assists in the prosecution
of a criminal proceeding under this code shall be liable to damages
hereunder unless acting with actual malice and without reasonable
grounds for believing that the person accused or prosecuted was guilty
of an unlawful act or omission. Any suit brought against any officer,
agent or employee of the Township as a result of any act required
or permitted in the discharge of his duties under this code shall
be defended by the legal representatives of the Township until the
final determination of the proceedings therein.

The Senior Housing Inspector shall make or cause to be made inspections to determine the conditions of all structures and premises in order to safeguard the safety and welfare of the public under the provisions of this code. The Senior Housing Inspector is authorized to enter any structure or premises at any reasonable time for the purpose of performing his duties under this code. All inspections as provided for herein shall be with the permission of the owner, operator or occupant. When requesting such permission the Senior Housing Inspector shall advise the owner, operator or occupant of his right to refuse such permission. In the event that such permission is denied to the Senior Housing Inspector upon request, the provisions of § 213-13 of this chapter shall be complied with.

Where the Senior Housing Inspector or duly appointed
inspector is refused entry or access or is otherwise impeded or prevented
from conducting an inspection pursuant to this chapter by the owner,
operator or occupant of any premises such Senior Housing Inspector
may upon affidavit apply to the Municipal Judge for a search warrant.
If the Judge is satisfied as to the matter set forth in the affidavit
and if he finds that probable cause for issuance of the search warrant
exists, he shall authorize the issuance of a search warrant permitting
access to and inspection of the particularly described building in
a particularly described area. Probable cause permitting the issuance
of the aforesaid search warrant may include but is not limited to
the following:

Every occupant of a structure shall give the
owner or operator thereof or his agent or employee access to any part
of such structure or its premises at reasonable times for the purpose
of making such inspections, maintenance, repairs or alterations as
are necessary to comply with the provisions of this code.

If all or part of any structure, including among
others a fence, billboard or sign, or the equipment for the operation
thereof, including among others the heating plant, plumbing, electric
wiring, moving stairways, elevators and fire extinguishing apparatus,
shall be found in the opinion of the Senior Housing Inspector to be
in an unsafe condition — dangerous to life, limb or
property, he shall proceed to have the same condemned pursuant to
the applicable provisions of this code or such other code of the Township
pertaining to unsafe structure.

Whenever a Housing Inspector determines that there
has been or is a violation or that there are reasonable grounds to
believe that there has been or is a violation of any provision of
this code, he shall give notice of such violation or alleged violation
to the person or persons responsible therefor. Such notice shall:

Be
in writing and shall be deemed to be properly served if a copy thereof
is personally delivered to the owner of record or by mailing a copy
thereof by certified mail and regular mail to the owner's last known
address.

Specify
a reasonable time not to exceed 30 days in which the violation shall
be abated, corrected or eliminated. The thirty-day period may be extended
for an additional 30 days by the Housing Inspector for good cause.

In case any violation order is not promptly
complied with the Senior Housing Inspector may request the legal representative
to institute an appropriate action or proceeding at law or in equity
against the person responsible for the violation ordering him:

To prevent the occupation or use of the structure
or part thereof erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this code or in violation
of a plant or specification under which an approval, permit or certificate
was issued; or

Generally. Owners, tenants and/or occupants, and operators
shall have the duties and responsibilities as described in this code
and the regulations promulgated pursuant thereto; and no owner, tenant
and/or occupant, or operator shall be relieved from any such duty
and responsibility; nor shall any owner or operator be entitled to
defend against any charge of violation thereof by reason of the fact
that the tenant and/or occupant is also responsible therefor and in
violation thereof.

Free of hazards and unsanitary conditions. The exterior
of the premises and all structures thereon shall be kept free of all
nuisances and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises and shall be kept free of
unsanitary conditions, and any of the foregoing shall be promptly
removed and abated by the owner or operator. It shall be the duty
of the owner or operator to keep the premises free from hazards which
include but are not limited to the following:

Natural growth. Dead and dying trees and limbs or
other natural growth which by reason of rotting or deteriorating condition
or storm damage constitute a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such condition.

Ground surface hazards and unsanitary conditions.
Holes, excavations, breaks, projections, obstructions, icy conditions,
uncleared snow, excretions of pets and other animals on paths, walks,
driveways and other parts of the premises which are accessible to
and are used by persons on the premises of all such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.

Recurring accumulations of stormwater. Adequate runoff
drains shall be provided and maintained to eliminate any such recurrence
or excessive accumulation of stormwater. Such stormwaters shall not
be drained to driving, parking or walking areas or to adjoining properties.

Inoperable motor vehicles. No inoperable or currently
unregistered or uninspected motor vehicle shall be parked, stored
or left on any residential, multifamily or shopping center property
except inside a garage or enclosed building.

All vehicles must park on an improved surface, either paved by asphalt or similar-type material or stoned as a parking area in accordance with the requirements of Chapter 225, Land Use, Subdivisions and Site Plans.

Maintenance of sidewalks and curbs. It shall be the
duty and responsibility of the owner of property on which and along
which sidewalks and curbs are located to keep such sidewalks and curbs
in a proper condition of maintenance and good repair, including but
not limited to a condition whereby such sidewalks and curbs are free
of obstruction, debris, cracks and crevices or other unsafe conditions.

Occupants shall have all the duties and responsibilities
as prescribed elsewhere in this code and all the regulations promulgated
pursuant thereto, and the occupant shall not be relieved from any
such duty and responsibility nor be entitled to defend against any
charge of violation thereof by reason of the fact that the owner or
operator is also responsible therefor and in violation thereof.

Unless expressly provided to the contrary of
this code the respective obligations and responsibilities of the owner
and the operator on one hand and the occupant on the other shall not
be altered or affected by any agreement or contract by and between
any of the aforesaid or between them and other parties.

All permanent signs and billboards exposed to public
view permitted by reason of other regulations or as a lawful nonconforming
use shall be maintained in good repair. Any signs which have excessively
peeled or cracked shall with their supporting members be removed or
put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or shall with their supporting members be
removed.

All signs in display windows or otherwise exposed
to public view from the interior of premises and which are permitted
by reason of other regulations or as a lawful nonconforming use shall
be maintained in good repair. Any signs which have excessively cracked
or are otherwise in a state of disrepair or deterioration shall be
removed forthwith or put into a good state of repair.

Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event such awnings or marquees
are not properly maintained in accordance with the foregoing they
shall together with their supporting members be removed. In the event
awnings or marquees are made of cloth, plastic or of similar materials,
the cloth or plastic where exposed to public view shall be maintained
in good condition and shall not show evidence of excessive weathering,
discoloration, ripping, tearing or other holes. Nothing herein shall
be construed to authorize any encroachment on streets, sidewalks or
other parts of public domain.

All display windows exposed to public view shall
be kept clean and free of marks or foreign substances except when
necessary in the course of changing displays. All screening of interior
shall be maintained in clean and attractive manner and in a good state
of repair.

All storefronts shall be kept in good repair,
painted where required and shall not constitute a safety hazard or
nuisance. In the event repairs to a storefront become necessary, the
repairs shall be made with the same or similar materials used in the
construction of the storefront in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a storefront
shall be kept painted where required and in good repair.

All reconstruction of walls and sidings shall
be of standard quality and appearance commensurate with the character
of the properties in the same block and on both sides of the street
on which the premises front; such that the materials used will be
a kind that by their appearance under prevailing appraisal practices
and standards as determined by the public officers will not depreciate
the values of neighboring and adjoining premises as aforesaid.

To the end that a property itself may be preserved,
safety and fire hazards eliminated and the adjoining properties and
the neighborhood protected from blighting influences, the exterior
of every structure or accessory structure, including fences, roofs,
gutters, walks and steps, shall be maintained in good repair. The
repairs shall be aesthetically compatible with the existing structures.
All exterior surfaces shall be kept painted or otherwise finished
for the purpose of preservation and appearance and shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessively
peeling paint or other condition reflective of deterioration or inadequate
maintenance.

In apartments, multifamily dwellings and commercial
and industrial buildings, structures, yards, walkways, driveways and
parking lots all existing lighting fixtures shall be supplied at all
times with functioning light bulbs of sufficient wattage to supply
the lumine requirements.

Every structure and accessory structure and
every part thereof shall be kept structurally sound and in a state
of good repair to avoid safety, health or fire hazards, including
but not limited to the following:

Basements and cellars. Basements, cellars and crawl
spaces are to be kept free of accumulations of water resulting from
seepage or other causes. Pumps shall be required where necessary to
prevent accumulations of moisture and dampness. Pumps shall not be
connected directly into the Township’s sewer system.

Chimneys and all flue vent attachments thereto. Chimneys
and all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft producing equipment shall provide sufficient
draft to develop the rated output, and the connected equipment shall
be safe, durable, smoketight and capable of withstanding the action
of flue gases.

Exterior porches, landings, balconies, stairs and
fire escapes. Exterior porches, landings, balconies, stairs and fire
escapes shall be provided with banisters or railings properly designed
and maintained to minimize the hazard of falling, and the same shall
be kept structurally sound in good repair and free from defects. This
provision shall not apply to exterior porches which are less than
three feet in height.

Exterior walls, roofs, window, window frame,
door, door frame foundation, siding and other parts of the structure
shall be so maintained as to keep water from entering the structure
and to prevent excessive drafts. Damaged materials must be repaired
or replaced promptly. Places showing signs of rot, leakage, deterioration
or corrosion are to be restored and protected against weathering or
seepage.

Properly fitting screens in good repair shall
be supplied for each exterior window of each dwelling unit. In multifamily
apartment houses screens shall be installed and maintained on all
windows by the owner during the period from May 1 until October 1
of each year. All such screens shall have a mesh of not less than
No. 16.

Garbage containers known as "dumpsters" shall not
be located within 15 feet of any building. A "building" is defined
as any structure used as intended for supporting or sheltering any
use or occupancy.

Storage bins, rooms and areas shall not be used
for accumulated garbage or refuse. Flammable or combustible liquids
or other materials may not be stored on the premises unless they are
of a type approved for storage by the regulations of the Fire Department
and then only in such quantities and in such fireproof storage containers
as may be prescribed by the regulations.

The owner or operator shall provide in every multifamily
apartment house complex or development whether or not in common ownership,
containing six or more dwelling units, rooming units or combination
thereof, at least one maintenance personnel, such as a superintendent,
janitor or caretaker, who shall at all times maintain the premises
in compliance with this chapter and keep the premises free from filth,
garbage, refuse and rubbish. At least one maintenance personnel with
some basic knowledge of building systems shall be on the premises
at all times. Such personnel shall be both knowledgeable of and capable
of performing emergency functions, such as turning off water valves
and main electrical disconnects and operating fire extinguishers.
Additional minimum personnel shall be required to assure proper maintenance
and compliance with this code. The following shall be a minimum requirement
of the adequacy of personnel for maintenance of a typical multifamily
apartment house complex not having any unusual or special labor-saving
features.

[Amended 12-14-2010 by Ord. No. 2010:36]

Units of Dwelling Space

Full-Time Personnel or Equivalent

70 - 100

1

101 - 150

2

151 - 225

3

226 - 325

4, plus one for each additional 100 units of
dwelling space in excess of 325

All personnel responsible for enabling the owner to
meet the requirements of this code shall be, by reason of training
or experience, competent to perform the duties entrusted to him, familiar
with the requirements contained herein and not unable or unwilling
to discharge the duties by reason of any physical or mental incapacity,
disability or personal habits inconsistent with such duties. The personnel
shall have the authority from the owner or operator to attend to or
arrange for continual operation of all essential services and facilities
required under this code.

The failure of any superintendent, janitor, caretaker,
or housekeeper to comply with the provisions of this code shall not
relieve the owner or operator from the duties and responsibilities
imposed by this code.

Without relieving the owner of any responsibility
placed by this code on the owner, any person undertaking for or in
behalf of the owner any responsibilities for the operation and maintenance
of the premises shall thereby assume concurrently with the owner responsibilities
for the premises and be subject to penalty for failure to comply with
any notice of violation relating to any item or matter within the
responsibilities so assumed.

The owner, operator and their personnel shall maintain
a common laundry room, tubs and all common cleaning facilities, if
any, in proper operating condition, free of defects and foreign substance,
and receptacles shall be placed in laundry areas to provide proper
disposal of lint and any other substances that are produced by the
washing and drying processes; this lint and dirt shall be placed in
the receptacles that are placed there by the owner or lessors.

Freedom from accumulations and obstructions. No accumulations
or obstructions from garbage, refuse or rubbish shall be permitted
on common areaways, stairways, balconies, porches, hallways, basements
or cellar.

Floors, interior walls and ceilings. Floors, interior
walls and ceiling of every structure used for human habitation or
occupancy shall be structurally sound and maintained in a clean and
sanitary condition. The same shall be free from cracks, breaks, loose
plaster and other hazards to health and safety.

Floors generally. Floors shall be considered to be
structurally sound when capable of safely bearing imposed loads and
shall be maintained at all times in a condition so as to be smooth,
clean, free from cracks, breaks and other hazards.

Bathroom, water closet compartments and kitchen floors.
Bathroom, water closet compartments and kitchen floors shall be surfaced
with water-resistant material and shall be kept at all times in a
dry, clean and sanitary condition, and the shower room floors shall
be kept clean and sanitary.

Cellar and basement floors. The basement or cellar
crawl space shall be kept dry and ventilated. The floors of basement
or cellar shall be paved with brick, cement, tile or asphalt or with
some other impervious material. The side walls and ceilings of every
basement or cellar shall be kept free from damages. The basement or
cellar shall be kept clean and free from any accumulation of filth,
ashes, garbage, rubbish, refuse, junk, soil matter, wood, paper and
other matter of a combustible or putrefactive nature.

Stairs and railings. Interior stairs of every structure
used for human habitation or occupancy shall be structurally sound
and free from defects. Handrailings or banisters shall be provided
for all stairs, balconies, fire escapes and stairwells, and the handrails
or banisters shall be securely attached, maintained free from defects
and shall be of sufficient height to guard against accident and to
be appropriate for use by persons of normal height using the stairway.
Stairs shall be adequately lighted in all places with control switches
operable from each story to permit safe use at night for persons ascending
or descending, except where janitorial service is provided and artificial
lighting for hallways and common areaways is supplied in accordance
with state law from a master control switch.

Adequate supply of public water. Every dwelling unit
shall have an adequate supply of potable running water with a minimum
rate of flow at every faucet or fixture of not less than one gallon
per minute.

Hot and cold water. Every kitchen sink, bathroom sink
and basin, tub or shower as required under this code shall be connected
to both the hot and cold water lines. There shall be sufficient and
adequate equipment maintained in good working condition to supply
hot water at a temperature not less than 120º F.

Facilities required in bathroom. Every bathroom required
hereunder shall be provided with a flush toilet connected to the cold
water line and a shower or tub and wash basin connected to running
water as set forth above. Bathrooms shall also be provided with adequate
light and ventilation.

Bathroom requirements for dwelling units. Every dwelling
unit shall contain a bathroom located entirely within that unit, which
shall be completely enclosed, containing the facilities as set forth
in this code, in a room which affords privacy to the occupants thereof.

Maintenance of plumbing facilities. Each facility
required above shall be maintained in a sanitary condition, free from
defects and in operating condition at all times. Where the facility
or plumbing fixtures shall be clogged, overflow or otherwise necessitate
repairs such repairs shall be made immediately.

All plumbing fixtures shall be connected to
the sanitary sewer through lines which are free of leaks, corrosion
or deterioration and provide unobstructed passage from the plumbing
facilities within the dwelling to the sanitary sewer.

At least once annually, all exterior lateral
lines, sewer mains and manholes on the premises shall be scrubbed
and cleaned according to standard procedures and a certification of
same be submitted and approved by the Superintendent of Sewers of
the Township.

Heating facilities and duty to supply heat. Every
rental dwelling and multifamily dwelling occupied between October
1 and the next succeeding June 1 shall have heating facilities, and
the owner of the heating facilities shall be required to see that
they are properly installed, safely maintained, and in good working
condition and that they are capable of safely and adequately maintaining
a minimum inside temperature of 68º F. and a maximum inside temperature
of 76º F. in all habitable rooms, measured at least one foot
away from any surface of the coldest portion of the space subject
to regular use by occupants of any such room, when the outside temperature
is at design winter conditions. From October 1 of each year to the
next succeeding June 1, every unit of dwelling space and every habitable
room therein shall be at a temperature of at least 68º F. but
not more than 76º F. between the hours of 6:00 a.m. and 11:00
p.m. and at least 65º F. between the hours of 11:00 p.m. and
6:00 a.m. In meeting the aforesaid standards, the owner shall not
be responsible for heat loss and the consequent drop in the interior
temperature arising out of action by the occupants in leaving windows
or doors open to the exterior of the building.

Required central heating. All multifamily dwellings
shall provide a heating system in a fire-resistant enclosed space,
separate and apart from the areas to be heated, which system shall
be permanently affixed on a fireproof base and connected by breaching
to a stack.

Alternative modes of heating. No other mode of heating
shall be permitted unless application for the approval thereof is
made to the Construction Official and a permit is issued therefor
upon a finding that the facility is so designed and installed that
it does not constitute a hazard to the safety of the occupants of
the dwelling. This subsection shall not apply to multifamily dwellings
or rented dwellings.

Storage of fuel. Fuel for the operation of equipment
shall be stored outside the premises unless stored in the interior
pursuant to the regulations of the fire and building codes of the
Township as to the storage of flammable materials.[1]

Conversions prohibited during winter. No heating
units shall be converted in any dwelling or part thereof between October
1 and May 1 where there are occupants other than the owner or operator
dependent upon heat from the unit without written consent of all such
occupants. Nothing herein shall be construed as preventing emergency
alteration or repair.

Installation and maintenance of heating facilities.
Heating equipment shall be installed in a manner which will avoid
a dangerous concentration of fumes and gases. Heating equipment shall
not be forced to operate beyond the safe capacity for which it is
designed. Where necessary, exposed heating risers, heating ducts and
hot water lines shall be covered with an insulating material or guard.
The heating facilities and all parts thereof shall be kept in good
operating condition, free of defects, corrosion and deterioration
at all times.

Duty to maintain equipment. Notwithstanding
a contract by the occupant to supply his own heat as provided herein,
where the heating unit is installed by or owned by the owner or operator
then the duty to maintain the same in operable and functioning condition
as provided herein shall remain the duty of the owner or operator.

Presumption against contract by occupant to
supply own heat. The presence of heating outlets, radiators, risers
or returns in any hall or dwelling unit or rooming unit shall constitute
a presumption that the owner is to supply heat as required hereunder
and in the absence of a clear and convincing proof to the contrary
this presumption shall control.

Habitable rooms, windows. Windows shall either
open to 45% of the required area or be supplied with a mechanical
ventilation system of sufficient capacity provided with the proper
opening for incoming or outgoing air to assure comparable ventilation.
Openings for ventilation as required herein shall include windows,
louvers, monitors or other openings provided all such openings are
easily operable by the occupants. All windows which open in a vertical
position shall be equipped with mechanical stops in proper working
order to hold the windows in the open position when necessary.

Bathroom and water closet compartments. Every bathroom and water closet compartment shall be adequately ventilated with openable area as described in Subsection A(17), Habitable room, windows, totaling 1 1/2 square feet, or by comparable mechanical ventilation.

Electrical service generally. Every dwelling,
dwelling unit and rooming unit shall be properly connected to and
be provided with electric power through safely insulated conduits
conforming to the National Electrical Code.

Electrical outlets in habitable rooms. Every
habitable room shall be equipped with a minimum of two permanently
installed electrical outlets sufficient to provide lighting and power
and permit the installation of or the use of electrical lights sufficient
to meet the reasonable lighting requirements for normal use of the
room and other electrical equipment normally expected to be used in
the room, or as specified in National Electrical Code. In all cases
the minimum standards specified by the NEC shall be complied with.

Lighting of bathrooms. Every bathroom and water
closet compartment shall be provided with a switch and a wall plate
or pull switch so located and maintained that there is no danger of
short circuiting from water, from other bathroom facilities or from
splashing of water.

Lighting of common spaces. Lighting of hallways,
stairways, landings and other spaces used by occupants in common as
a normal means of passage shall be sufficient to provide at least
five footcandles measured in the darkest portion used by occupants.

Loose or exposed wiring. Except as hereinafter
stated, all wiring or cables shall be properly affixed or attached
to the structure. Insulation shall be provided for all wiring and
cables and shall be kept in good repair. No loose cords or loose extension
lines in excess of six feet in length shall be permitted and no ceiling
or wall fixture shall be used for supplying power to equipment other
than that for which they are designed.

Fuses and protective devices. Maximum fuse sizes
consistent with safety shall be posted conspicuously on the inside
cover of all fuse boxes and no fuse shall be installed therein in
excess of the stated maximum except that owners shall not be responsible
for violations in fuse installations which occur without their knowledge
where the correct size is stated and the fuse box is located within
a dwelling unit in exclusive possession of the occupants other than
the owner.

Overloading of circuits. Overloading of circuits
is prohibited. Where the public officers find after notice and hearing
that by reason of the appliances and fixtures there is continuing
overloading of an electrical line creating a hazard the owner shall
be required to install a line of sufficient capacity to absorb the
load to which the line is subjected or to otherwise eliminate the
conditions causing the overload. For purposes of this subsection the
public officers may consider the peak seasonal load to which the line
is subjected.

Suspension of services or utilities. No owner,
operator or occupant shall cause any service, facility, equipment,
or utility which is required to be supplied by the provisions of this
code, or supplied by reason of a written lease or agreement between
an owner and occupant, or on the premises at the time of the commencement
of the lease, to be removed from or discontinued from any occupied
dwelling unit, except for necessary repairs, alteration, or emergencies,
or for such other reasons as may be permitted pursuant to those sections
of the Township Code applicable to such service, facility, equipment,
or utility.

House numbers for multifamily dwelling. All
multifamily apartment houses shall be identified by a numbering or
lettering system, which numbers or letters shall be clearly visible
at all times from adjacent sidewalks.

The owner of a multiple dwelling who has been
notified by an occupant that such occupant is unable to perform the
required monthly testing of detector units in his dwelling, or have
this performed by a member of his household, shall perform such monthly
testing.

There be sufficient light and ventilation as more
particularly required by other subsections of this code and that natural
light and ventilation are not restricted by reason of walls or other
obstructions located within six feet of any window required pursuant
to that section.

All furnaces or other heating facilities be so located,
insulated and separated from the living area by fireproof partition
or walls necessary pursuant to the regulations of the Division of
Housing, Building and Maintenance, so that the same does not constitute
an undue hazard to the safety and health of the occupants.

Overcrowding. Except as provided in § 213-42K and § 213-42L in this chapter, dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements of Table 1. The following factors may be considered by the Housing Inspector as rebuttable presumptions of overcrowding and shall support the issuance of a summons and complaint by the Housing Inspector:

Every room occupied for sleeping purposes shall contain
not less than 70 square feet of floor area for the first occupant
thereof and not less than 50 square feet of floor area for each additional
occupant thereof.

Combined spaces. Combined living room and dining room
spaces shall comply with the requirements of Table 1 if the total
area is equal to that required for separate rooms and if the space
is located so as to function as a combination living room/dining room.

Habitable spaces, hallways, corridors, laundry areas,
bathrooms, toilet rooms and habitable basement areas shall have a
clear ceiling height of not less than seven feet. The minimum headroom
in all parts of the stairway shall not be less than six feet, eight
inches measured vertically from the sloped plan adjoining the tread
nosing or from the floor surface of the landing platform.

Rooms used exclusively for sleeping, study,
or similar uses and having a sloped ceiling over all or part of the
room, with a clear ceiling height of at least seven feet over not
less than 1/3 of the required minimum floor area. In calculating the
floor area of such rooms, only those portions of the floor areas with
a clear ceiling height of five feet or more shall be included.

Basement rooms in one- and two-family dwellings
used exclusively for laundry, study, or recreation purposes having
a ceiling height of not less than six feet eight inches with not less
than six feet four inches of clear height under beams, girders, ducts,
and similar obstructions.

Minimum room widths. A habitable room, other than
a kitchen, shall not be less than seven feet in any plan dimension.
Kitchens shall have a clear passageway of not less than three feet
between counter fronts and appliances or counter fronts and walls.

Food preparation. All spaces to be used for food preparation
shall contain suitable space and equipment to store, prepare and serve
foods in a sanitary manner. There shall be adequate facilities and
services for the sanitary disposal of food wastes and refuse, including
facilities for temporary storage.

A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet. These required areas shall be exclusive of the areas required by Subsection J(2) and (3).

The occupancy limitations set forth herein may be exceeded only by
one guest of the primary occupant(s) of the dwelling or dwelling unit,
who may not occupy the dwelling or dwelling unit, continuously or
intermittently, for more than two months in any twelve-month period.

A person whose name appears on a lease agreement for the lease of a dwelling unit covered by the provisions of this § 213-42 may apply to the Division of Housing for a waiver of the occupancy limitations specified therein.

Applications for a waiver pursuant to this § 213-42L shall be made on a form provided by the Division of Housing, shall be signed by the applicant, and shall be addressed to the Director of Planning, Zoning, and Construction Inspections.

The Director of Planning, Zoning, and Construction Inspections may
require applicants to submit such forms and information that he or
she deems necessary to properly review an application for a waiver.

Each application for a waiver pursuant to this § 213-42L shall be signed by the applicant's landlord, indicating the landlord's consent to the waiver. Any application not signed by the applicant's landlord shall be deemed incomplete and shall not be processed by the Division of Housing.

Each application for a waiver pursuant to this § 213-42L shall be accompanied by a copy of an unexpired lease agreement indicating that the applicant is the lessee or, in the case of a joint or multiple lease, that the applicant is one of the lessees of the dwelling unit that is the subject of the waiver application. Each application shall also be accompanied by a statement of reasons that the waiver is being requested and shall set forth the following information:

Upon receipt by the Division of Housing, an application for waiver pursuant to § 213-42L shall be reviewed to determine its completeness. Any application found to be incomplete shall be returned to the applicant with a statement indicating the application's deficiencies. Applications found to be complete shall be forwarded to the Director of Planning, Zoning, and Construction Inspections, who shall review the merits of the application and render a decision.

The Director of Planning, Zoning, and Construction Inspections shall, in his or her sole discretion, have the final authority to grant and deny applications for waivers pursuant to this § 213-42L. The Director of Planning, Zoning, and Construction Inspections may, in his or her sole discretion, impose reasonable conditions or restrictions upon a waiver granted pursuant to this § 213-42L.

Within 30 days of receiving an application for waiver, the Director
of Planning, Zoning, and Construction Inspections shall forward a
written decision to the applicant at the address indicated on the
application via regular and certified mail, return receipt requested.
The decision shall either grant the waiver, deny the waiver, or grant
the waiver with conditions or restrictions.

In reviewing an application for waiver pursuant to this § 213-42L, the Director of Planning, Zoning, and Construction Inspections shall consider all relevant facts including, but not limited to, the following:

The Director of Planning, Zoning, and Construction Inspections, in granting a waiver pursuant to this § 213-42L, may impose any and all reasonable conditions or restrictions upon the waiver that are necessary to maintain the health, safety, and welfare of the occupants of the subject dwelling unit and the surrounding dwelling units.

Relocation Assistance Fund. The Township shall establish
a Relocation Assistance Fund to be administered by the Director of
Human Services. The fund shall accept relocation assistance payments,
as required by this section, and distribute them to eligible displaced
tenants.

Any tenant who receives a notice of eviction
pursuant to N.J.S.A. 2A:18-61.2(3) that results from zoning or code
enforcement activity for an illegal occupancy, as set forth in N.J.S.A.
2A:18-61.1(g)(3), shall be considered a displaced person and shall
be entitled to relocation assistance in an amount equal to six times
the monthly rental paid by the displaced person. The owner-landlord
of the structure shall be liable for the payment of relocation assistance
pursuant to this section.

The Township shall pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction pursuant to Subsection B(1) of this section. All relocation assistance costs incurred by the Township pursuant to this subsection shall be repaid by the owner-landlord of the structure to the Township in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. These repayments shall be deposited into the Township's revolving Relocation Assistance Fund.

In addition to relocation reimbursement from
the owner-landlord of the structure for relocation assistance paid
to a displaced tenant, the owner-landlord shall pay the Township a
fine for zoning or housing code violations for an illegal occupancy
in an amount equal to six times the monthly rent paid by the displaced
person.

In addition to this penalty, the Township, after
affording the owner-landlord an opportunity for a hearing on the matter
before the Senior Housing Inspector, may impose upon the owner-landlord,
for a second or subsequent violation for any illegal occupancy, a
fine equal to the annual tuition costs of any resident of the illegal
occupied unit attending a public school, which fine shall be recovered
in civil action by a summary proceeding in the name of the municipality
pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10
et seq. The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
subsection. The tuition costs shall be determined in a manner prescribed
for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment
of the fine shall be remitted to the appropriate school district.

For purposes of this section, a "second and
subsequent violation for an illegal occupancy" shall be limited to
those violations that are new and are a result of distinct and separate
zoning or code enforcement activities, and shall not include any continuing
violations for which citations are issued by a zoning or code enforcement
agent during the time period required for summary dispossession proceedings
to conclude if the owner has initiated eviction proceedings in a court
of proper jurisdiction.

General and specific provisions. Occupants shall not,
after notice as required in this section, occupy or continue to occupy
premises which are substandard by reason of the failure of the dwelling
unit occupied by them or of the dwelling or premises to conform to
and comply with the requirements of this code. Upon discovery by the
occupant of any condition on premises occupied by the occupant which
constitutes a violation thereof the occupant shall report the same
to the Senior Housing Inspector responsible for the enforcement hereunder
as more particularly set forth elsewhere in this code.

Cleanliness and sanitation. All parts of the premises
under the control of the occupant shall be kept in a clean and sanitary
condition and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would obstruct the owner or operator from performing any
duty required hereunder or maintaining the premises in a clean and
sanitary condition.

Garbage disposal and personal accumulation. Occupants
shall place all garbage in the receptacles provided for garbage disposal
and shall, where the janitor service is not supplied, place for disposal
all garbage and other refuse in garbage cans located in the exterior
of the premises in an area designated and set off for the same. Where
janitorial service for the removal of garbage and other refuse to
the exterior of the premises is provided by the owner or operator,
the occupant shall dispose of garbage and other refuse in containers
provided therefor by the owner or operator in designated and enclosed
areas in the interior of the premises. Garbage and other refuse shall
not be thrown out of the windows nor shall garbage and refuse be set
out on stairways; common hallways and common areaways shall be kept
free of accumulations of personal belongings.

Elimination of infestation. Every occupant of a single-family
dwelling shall be responsible for the elimination of infestation in
the dwelling and on the premises. Every occupant of a dwelling unit
in a dwelling other than a single-family dwelling shall be responsible
for eliminating all conditions causing infestations which are caused
by the occupant and also those conditions which are subject to and
under his exclusive control.

Supplying of heat to other occupants. Where any occupant
undertakes by contract or as a condition of his letting to supply
his own heat through a furnace or boiler which also heats a dwelling
unit occupied by other persons, the occupant shall be responsible
for supplying heat in accordance with all provisions.

Installation and maintenance of heating equipment.
Where any occupant undertakes to install heating equipment the same
shall conform to the requirements of this code. The occupant shall
thereafter be responsible for maintaining such equipment installed
by him in good repair and operating condition during all times that
the heating equipment shall remain under his control.

Maintenance of plumbing. Every occupant shall maintain
all plumbing fixtures used by him in a clean and sanitary condition
and he shall not knowingly deposit any material in any fixture or
sewer system which would result in stoppage or damage to the fixture
or sewer system.

Providing notice of defects to owner. Where the owner
or operator would not otherwise know of a defect of any facility,
utility or equipment required to be furnished hereunder and the same
is defective or inoperable, each occupant affected thereby shall upon
learning of the defect provide notice to the owner, operator or other
person in charge of the premises. Nothing herein shall be construed
to provide a defense to any owner or operator violating this code.

Violation by minors. Any adult member of the family
shall be responsible and liable for any violation of this subsection
caused by minors under his or her care or custody occupying the same
dwelling unit.

If an occupant is incapable of performing this testing
due to a mental or physical impairment, and has no member of his household
capable of performing such testing, be shall so notify the owner or
his representative.[2]

If within the time permitted the owner or lessor shall
fail to abate the nuisance, correct the defect or defects or put the
premises in proper condition so as to comply with the requirements
of applicable ordinances and state laws or conditions of approval
received from any board or agency of the Township, after notice thereof
and opportunity to do so as provided elsewhere in this chapter, the
Senior Housing Inspector shall file a report with the Township Council
which report shall set forth in detail the condition constituting
the nuisance or the defect or defects and shall contain a copy of
the notice serviced upon the owner or lessor, the date and manner
thereof and a certification that such condition or conditions still
exist.

Upon the filing of the report by the Senior Housing
Inspector, hearing upon at least five days' notice to the owner or
lessor shall be served in the same manner as is provided elsewhere.
After completing such hearing the Senior Housing Inspector shall submit
a report of his findings and recommendations to the Township Council.
If it is of the opinion that such action is in the public interest
the Township Council may adopt a resolution in the public's interest
to abate the nuisance, to correct the defect or to put the premises
in proper condition so as to comply with the requirements of applicable
ordinances and state laws or conditions of approval received from
any board or agency of the Township at the cost and expense of the
owner or lessor.

The Township Council may by such resolution also authorize
the expenditure of municipal funds and fix the amount thereof to be
used for such purpose and charge the same against the premises, and
the amount thereof as determined by the Township Council shall be
a lien against the premises and collectible as provided in this chapter.

Custodian. Whenever a resolution shall have been adopted
pursuant to the authority granted in this chapter the Township Council
may appoint a custodian of any such building or structure on behalf
of the Township or any other person specially designated to enter
into and take charge of the premises and supervise the abatement of
the nuisance, the correction of the defect or the maintenance of the
premises in a proper condition so as to conform to the requirements
of applicable ordinances and state laws or conditions of approval
received from any board or agency of the Township. All costs and expenses
of the custodian shall be charged against the premises and shall be
collectible as provided in this chapter.

Accounting records. The person authorized to undertake
the abatement of the nuisance, the correction of the defect or the
maintenance of the premises in a proper condition so as to conform
to the requirements of applicable ordinances and state laws or conditions
of approval received from any board or agency of the Township shall
keep an accurate account of the cost and expenses thereof and upon
completion of the work shall certify a detailed statement of all costs
and expenses to the Township Council. The Township Council shall thereupon
examine the statement and after hearing upon at least seven days'
notice to the owner or lessor, which notice shall include a copy of
the actual statement, may adopt and confirm the same with or without
alterations and shall cause the cost to be charged against the premises.
The amount so charged shall forthwith become a lien upon the premises
and shall be added to and become and form a part of the taxes next
to be assessed and levied upon such premises and such amount shall
bear interest at the same rate as taxes and shall be collected and
enforced by the same officers and in the same amount of taxes.

Appointment of receiver. In the event that the owner
of a building or structure shall violate any of the provisions of
this chapter or shall fail to abate a condition harmful to the health
and safety of the occupants of the building or structure and the general
public in the Township after notice and opportunity to do so, the
Senior Housing Inspector may, by and with the approval of the Township
Council, bring an action in the Superior Court to be appointed receiver
ex officio of the rents and income of such real property and expend
the same for the purpose of abating the conditions. The rents and
income so collected by the receivers shall also be available for the
payment of such costs and expenses of the receivership as may be adjudged
by the court and for the payment of the Township of any fines or penalties
which may have been imposed on the owner for violation of this chapter
and which have not been paid.

First mortgage. Upon appointment the receiver, by
and with the approval of the Township Council, in all cases where
the real property in question is encumbered by a first mortgage if
such mortgagee is a proper person and is willing to accept such appointment
as the receiver's agent to collect the rents and income from such
real property and manage the same, and in all other cases the receiver
by and with the approval of the Township Council may designate the
person in charge or management of such real property or some other
competent person as the receiver's agent to collect the rents and
income from same, which mortgagee or other person shall account promptly
to the receiver the rents and income collected; provided, however,
that if the mortgagee or other person so designated is derelict in
collecting or accounting for such rents and income or in the management
of such real property the receiver shall apply to the court for the
removal of such designated mortgagee or other person upon notice in
writing to him, and the court upon removing such designated mortgagee
or other person in its discretion shall designate another person to
collect the rents and income from such real property and manage the
same and account to the receiver for the rents and income of such
real property as aforesaid.

Purpose. The purpose of the Landlord Amnesty Program
is to secure the assistance and cooperation of landlords to abate
overcrowding of single- and multiunit dwellings in return for immunity
from prosecution for violations of the Housing and Property Maintenance
Code in connection with overcrowding.

The landlord will provide the Housing Inspector with
access to the property following the expiration of the notice period
to conduct an inspection and, if the overcrowding has been abated
and the property is in full compliance with the code, issue a housing
certificate.

The landlord will continue to provide the Housing
Inspector with access to the property to conduct inspections until
the overcrowding has been abated and the landlord has remedied any
other violations of this code.

When the overcrowding has been abated, the landlord
will provide the Housing Inspector with access to the property for
a final inspection within 30 days to 90 days after abatement to verify
continued compliance with this code.

Procedures. The landlord may commence participation in the Landlord Amnesty Program by providing to the Housing Inspector the information set forth in Subsection B and executing a written instrument established by the Township evidencing the landlord's intent to participate in the Landlord Amnesty Program and comply with the provisions of this section.

Disqualification. A landlord who participates in the Landlord Amnesty Program but fails to comply with all of the provisions of this section will be removed from the program and will lose all benefits of the program, including immunity from prosecution under Subsection C(1).